Valero Marketing and Supply Company v. United States of America

Western District of Texas, txwd-5:2019-cv-00328

Scheduling Recommendations (Joint Report on Discovery and Scheduling Recommendations) by Valero Marketing and Supply Company.

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION VALERO MARKETING AND SUPPLY COMPANY, Plaintiff, CIVIL NO. 5:19-cv-00328-DAE v. UNITED STATES OF AMERICA, Defendant. JOINT REPORT ON DISCOVERY AND SCHEDULING RECOMMENDATIONS The parties have conferred regarding an overall approach to discovery in this case. Plaintiff's claims relate to activities at twelve refineries located around the country. Documents and information relating to Plaintiff's claims are located at each refinery, among other places. To conduct discovery as efficiently as possible, the parties have agreed to complete discovery in phases. In the first phase, the parties propose to complete discovery with respect to two of the twelve refineries at issue. The parties intend this first phase to facilitate identifying the salient universe of documents and information that Defendant would discover for the other ten refineries at issue. The parties do not intend this two-phase approach to 1 limit either party's ability to seek discovery as to all twelve refineries; the parties intend only to establish a sequence for discovery. Given this phased approach to discovery, the parties recommend that the following deadlines be entered in the scheduling order to control the course of this case. Unless otherwise noted below, the proposed deadlines below relate to the completion of activities for both phases described above (i.e., to all twelve refineries). Although the following generally conforms to the format prescribed by the Court in its Order for Scheduling Recommendations and Advisory Concerning Magistrate Judge Assignment (Docket No. 22), the parties note that they have modified paragraph 4 to provide dates only for the exchange of expert witness reports. The parties propose to file a later report recommending dates for disclosure of the other items in paragraph 4 of the Court's order (designation of potential witnesses, testifying experts, and proposed exhibits). The parties have also added a paragraph 11 regarding initial disclosures. 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed by February 17, 2020. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by February 17, 2020, and each opposing party shall respond, in writing, by March 2, 2020. 2 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by March 16, 2020. 4. All parties asserting claims for relief shall serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(A) and (B) by August 15, 2020. The deadline for parties asserting claims for relief to file their designation of potential witnesses, testifying experts, and proposed exhibits shall be set by the Court at a later date. Parties resisting claims for relief shall serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(A) and (B) by September 29, 2020. The deadline for parties resisting claims for relief to file their designation of potential witnesses, testifying experts, and proposed exhibits shall be set by the Court at a later date. All designations of rebuttal experts shall be designated within 14 days of receipt of the report of the opposing expert. 5. An objection to the reliability of an expert's proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, within 30 days of receipt of the written report of the expert's proposed testimony, or within 30 days of the expert's deposition, if a deposition is taken, whichever is later. 6. The parties shall complete all discovery on or before November 16, 2020. Counsel may by agreement continue discovery beyond the deadline, but there will be no intervention by the Court except in extraordinary circumstances, 3 and no trial setting will be vacated because of information obtained in post- deadline discovery. 7. All dispositive motions shall be filed no later than December 16, 2020. Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length. Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e). If the parties elect not to file dispositive motions, they must contact the courtroom deputy on or before this deadline in order to set a trial date. 8. If required, a hearing on dispositive motions will be set by the Court after all responses and replies have be filed. 9. The Court will set the case for trial by separate order. The order will establish the trial type deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g). 10. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on November 25 and December 3, 2019, and the parties have agreed as to its contents. The following positions and reasons are given by the parties for the disagreement as to the 4 contents of the proposed scheduling order: not applicable. Plaintiff offers the following explanation of why all parties have not been served: not applicable. 11. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be exchanged, but not filed with the Court, by January 7, 2020, as to the first two refineries. The parties agree to confer regarding a date for initial disclosures as to the remaining ten refineries. 5 Dated: December 9, 2019 Respectfully submitted, /s/ Adam P. Feinberg Adam P. Feinberg, D.C. Bar No. 447668 George A. Hani, D.C. Bar No. 451945 Andrew L. Howlett, D.C. Bar No. 1010208 MILLER & CHEVALIER CHARTERED 900 16th Street NW Washington, D.C. 20006 Tel. (202) 626-5800 Fax. (202) 626-5801 Email: afeinberg@milchev.com Email: ghani@milchev.com Email: ahowlett@milchev.com Attorneys for Plaintiff Valero Marketing and Supply Company /s/ Andrew L. Sobotka ANDREW L. SOBOTKA Texas Bar No. 18819900 (214) 880-9736 Andrew.L.Sobotka@usdoj.gov MICHAEL W. MAY State Bar No. 24054882 (214) 880-9730 Michael.W.May@usdoj.gov JONATHAN L. BLACKER Texas Bar No. 00796215 (214) 880-9765 Jonathan.Blacker@usdoj.gov Attorneys, Tax Division U.S. Department of Justice 717 N. Harwood, Suite 400 Dallas, Texas 75201 (214) 880-9741 (fax) ATTORNEYS FOR UNITED STATES 6